Back / lumbar spine decisions — 2000

The veteran's initial claim for a higher rating for his lumbar spine disability was granted, with an effective date of May 20, 1991. The RO also granted the extension of a temporary total disability rating for convalescence after October 31, 1991.

The veteran's service-connected disabilities, including traumatic arthritis of the lumbar spine and a fractured left hip, do not render him unemployable due to their severity.

The Board has restored the veteran's left knee disability rating to 60 percent and granted a 10 percent rating for his right knee arthritis. The issues of service connection for low back disability, restoration of left knee rating, and increased rating for right knee arthritis are all resolved in favor of the veteran.

The Board denied the veteran's claims for service connection for low back and right hip disorders, finding that they were not related to his service-connected left knee disorder.

The Board has determined that the appellant's back disability does not preclude him from securing and maintaining a substantially gainful occupation commensurate with his education and employment background, thus denying his claim for TDIU.

The Board has determined that the veteran's claims for service connection for low back and right knee disabilities as secondary to service-connected right ankle disability are well grounded. The case is remanded for further development.

The Board has found that the appellant's claim for service connection for low back disorder, to include spondylolisthesis, as secondary to service-connected total left knee replacement and right knee disorder is well-grounded. The RO must obtain additional evidence including SSA records and arrange for a VA examination.

The veteran's claim for reimbursement of unauthorized medical services provided during his hospitalization at Sewickley Valley Hospital was denied because the treatment did not meet the criteria under 38 U.S.C.A. § 1728 and VA regulations, specifically due to lack of prior authorization and failure to meet the requirements for emergency care.

The Board denied the veteran's claims of service connection for back and shoulder disorders, as well as his attempts to reopen claims for residuals of a head injury, migraine headaches, and an acquired psychiatric disorder. The evidence submitted since the last denial was not considered new and material.

The Board denied the veteran's claim for service connection for subluxation of L4 vertebrae on L5 vertebrae with disc involvement (claimed as degenerative disc disease) in an October 24, 1997 decision. The denial was based on a lack of evidence linking the condition to service.

The Board denied an increased evaluation for the appellant's service-connected degenerative disc disease of the lumbar spine, finding that the current rating adequately reflects his disability.

The Board has determined that the veteran's claim of service connection for an acquired psychiatric disorder, to include PTSD, is well-grounded and has been granted. Service connection for mechanical low back syndrome is also granted.

The veteran's service-connected low back disability is currently rated at 40 percent, the maximum rating available under the applicable diagnostic codes. The evidence does not support a higher rating as his condition does not meet the criteria for more severe intervertebral disc syndrome or other conditions warranting an increased rating.

The Board found that the veteran's service-connected low back strain did not meet or approximate the criteria for a disability evaluation in excess of 20 percent, and thus denied his claim.

The Board denied the veteran's claims for service connection for cervical disc syndrome and an increased evaluation for gall bladder removal, finding no well-grounded evidence. The effective date of a total rating based on individual unemployability due to service-connected disability was set at September 9, 1995.

The Board has determined that the veteran's claims for service connection for hypertension and a low back disorder are denied as there is no competent evidence showing these conditions were incurred or aggravated by service.

The veteran's claim for an increased evaluation of her service-connected residuals of lumbosacral strain with idiopathic low back pain is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied increased evaluations for the veteran's residuals of a fracture of the left tibia and fibula, as well as mechanical low back strain. The conditions are currently rated at 10 percent each.

The Board found that there is no competent medical evidence linking the veteran's current low back disability to service, including an epidural administered during service and a single episode of low back strain. The claim was denied.